EB2 versus EB3, Masters degree completed after hire date

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praveen64

Registered Users (C)
I got hired by my employer, and one month after my "hire date", I completed my masters degree. Now my employer is willing to file for my labor certification.

The attorney says that since I only had my bachelors on the "hire date", they have to apply in the EB3 category.

Is there a workaround.

Will EB3 category be a disadvantage for me since I am actually eligible for EB2 category.

fyi: Attorney plans to file based on bachelors + 1 year experience.
 
praveen64 said:
I got hired by my employer, and one month after my "hire date", I completed my masters degree. Now my employer is willing to file for my labor certification.

The attorney says that since I only had my bachelors on the "hire date", they have to apply in the EB3 category.

Is there a workaround.

Will EB3 category be a disadvantage for me since I am actually eligible for EB2 category.

fyi: Attorney plans to file based on bachelors + 1 year experience.
Click to expand...

It depends on your company whether they want to sponsor you for EB2 or EB3 your having a masters or PHD is no use unless your company is ready to pay the prevailing wage. Please file quickly if you are a soft. pro as PERM might make it very difficult for EB2 filings
 
Ilwaiting said:
Masters + "Prevaling wage in your area" or BS +5yrs experience + Prevaling wae in your area is key.

Just having a degree and earning 70-70K is not suffcient. EB2 has very high prevaling wage.
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What is the avergae range of Previaling Wages for EB-2 ?
 
Well resigning, joining another employer and joining back is not easy in my company.

I think my case is typical for many who come on F1 visa for their Masters, get a job, then complete their degrees.

1) Well I was thinking of one work around. Can the company issue me a letter saying that my designation changed after I obtained my masters degree. If somebody has done this, please mention, what was the procedure. In this case I dont think you have to resign and join the company again.

2) The company is ok with EB2 filing. Only because of my completion of degree after "hire date" they are being forced into EB3.
 
praveen64 said:
Well resigning, joining another employer and joining back is not easy in my company.

I think my case is typical for many who come on F1 visa for their Masters, get a job, then complete their degrees.

1) Well I was thinking of one work around. Can the company issue me a letter saying that my designation changed after I obtained my masters degree. If somebody has done this, please mention, what was the procedure. In this case I dont think you have to resign and join the company again.

2) The company is ok with EB2 filing. Only because of my completion of degree after "hire date" they are being forced into EB3.
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One way to do this is to post requirements which say that you need to complete all course-work leading to masters desgree, which includes the following courses. 1) Compiler design 2) Datastructures etc.....
That way you can the Service center may consider yoru case as an EB2 because you practically have complteted all courcsework towards masters which is diffrenet from someone having just a bachelors. Like always there is an amount risk that the service center might consider this as EB3.
One more thing if you use the above method you may have file as a TR rather than RIR because DOL might consider this tailor-made job description and they will ultimately require you/employer to conduct a supervised recruitment effort(otherwords Traditional Process)
Hey either way go for it man, what the hack let the service centers comeback and say what they have. Moreover with a good attorney and reputable employer you can easily pass as EB2.
Hope this helps and ignore my spellings( I have fat fingers -:))
 
same boat

Hi All,
My current position requires bachelors + 5 yrs of continious work experience but i have masters + 0 experience before joining this job (3 yrs ago).

my question is can i apply in EB2?

My lawyer he says we cant apply in EB2. job requirements must have Masters + 0 yrs as minimum requirements instead of bachelors + 5 yrs of work experience.

Is there any document available that supports my argument to apply in EB2 ?
Thanks ,
 
newlab said:
Hi All,
My current position requires bachelors + 5 yrs of continious work experience but i have masters + 0 experience before joining this job (3 yrs ago).

my question is can i apply in EB2?

My lawyer he says we cant apply in EB2. job requirements must have Masters + 0 yrs as minimum requirements instead of bachelors + 5 yrs of work experience.

Is there any document available that supports my argument to apply in EB2 ?
Thanks ,
Click to expand...

Sure you do, go to the DOL website and search for DOT occupation for the job. There are two levels currently and if the offered wage is the higher level then you can definitely apply for EB2. PLEASE DO THIS BEFORE PERM AS NO ONE IS SURE THAT YOU CAN DO EB2 FOR SOFTWARE JOBS AFTER PERM BEGINS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
 
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